SR-400-008-02 (5)
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Santa Monica, ~a~Yifo~1i~9
CA:RMM:rmd902/hpca
City Council Meeting 5-30-89
STAFF REPORT
TO:
Mayor and city Council
FROM:
City Attorney
Ordinance Amending Ordinance Number 1481 (CCS)
to Establish a Hardship Procedure and Declaring
the Presence of an Emergency
SUBJECT:
At its meeting on May 23, 19P~, the City Council directed
the City Attorney to prepare an ordinance establishing a hardship
exemption from the Citywide moratorium adopted by Ordinance
Number 1481
(CCS) .
In response to this direction, the
accompanying ordinance has been prepared and is presented to the
City Council for its consideration.
The accompanying ordinance establishes the following
process for making hardship determinations:
1. A Notice of Intent to Seek Hardship Exemption must be
filed with the City Attorney on or before June 6, 1989. The
notice must be accompanied by a complete development application
for the project for which the hardship exemption is being sought.
2. The development application will be reviewed by the
Planning Director.
If the application is incomplete in any
respect, the applicant will be notified that the hardship
exemption is denied.
If the application is complete, the
applicant will be notified that a hardship application may be
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MAY 30 1989
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filed. The applicant will be given an application form and will
be given thirty (30) days to return the application to the city.
3. Within sixty (60) days of the filing of the hardship
application, the City council shall hold a hearing on the
application. The City Council may grant the application only if
the applicant owned in fee the property prior to May 2, 1989, at
least 75% of all architectural and planning work necessary to
file a development application was complete on or before May 2,
1989, that the applicant will suffer hardship substantially
different in kind and degree from that suffered by persons
subject to the moratorium, and that the project for which the
hardship exemption is being sought was not previously denied by
the city.
RECOMMENDATION
It is the recommended that no hardship procedure be
adopted. The City has already established an objective standard
to determine which proj ects can continue through the planning
process and which projects are prohibited by the moratorium.
This objective standard is based solely upon whether or not a
complete application was filed on or before May 2, 1989.
Although we have attempted to draft a narrow hardship procedure,
it nevertheless requires complex decision-making by City staff
and the City Council. Given the findings necessitating the
moratorium, it would be more appropriate if City resources were
devoted to pursuing the planning studies required by the
moratorium.
PREPARED BY: Robert M. Myers, city Attorney
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CA:RMM:rmd901/hpca
city Council Meeting 5-30-89
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ORDINANCE
NUMBER 1481 (CCS) TO ESTABLISH A HARDSHIP
PROCEDURE AND DECLARING THE PRESENCE OF
AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Hardship Exemption.
(a) Any person who obtains an exemption pursuant to this
section shall be exempt from section 2 of Ordinance Number 1481
(CCS) .
(b) Any person claiming a hardship exemption must
substant.Late the claim in a proceeding under this section. In
such a proceeding, the person seeking the hardship exemption
shall have the burden of proof.
(c) On or before June 6, 1989, any person claiming a
hardship exemption shall file with the City Attorney a Notice of
Intent to Seek HardShip Exemption ("Notice of Intent") on a form
approved by the City Attorney. The Notice of Intent shall be
accompanied by a complete development application for the project
for which a hardship exemption is being sought.
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(1) wi thin 10 days of the filing of the Notice of
Intent and development application, the Planning Director shall
determine whether or not the development application is complete.
(2) If the Planning Director determines that the
development application is incomplete, the city Attorney shall
notify the person that such person is ineligible to file an
application for a hardship exemption pursuant to this Section and
return to the person the incomplete development application.
(3) If the Planning Director determines that the
development application is complete, the city Attorney shall
notify the person that such person may. within thirty (30) days
of such notification, file an Application for Hardship Exemption
on the form approved by the City Attorney. If an Application for
Harship Exemption is not filed within such time period, no
further proceedings shall be taken pursuant to this Ordinance and
the development application shall be returned to the applicant.
(d) The City Council shall, within sixty (60) days from
the date of filing of an Application for Hardship Exemption, hear
and determine whether to grant or deny the application. An
application shall be granted only if the applicant has
established by clear and convincing evidence that:
(1) The applicant owned in fee prior to May 2, 1989,
the property for which the hardship exemption is sought.
(2) Prior to May 2, 1989, at least seventy-five
percent (75%) of all architectural and engineering work necessary
to file a development application was completed.
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(3) The applicant will suffer hardship substantially
different in kind and degree from any hardship suffered by
property owners subject to the moratorium.
(4) The project, or a substantially similar project,
for which the hardship exemption is sought was not previously
denied by the city.
(e) Upon the approval of an Application for Hardship
Exemption by the City Council, the completed development
application shall be filed with the Planning Department and be
deemed filed as of the date of the City council approval subject
to the condition that all customary application fees promptly be
paid to the city. Upon the disapproval of an Application for
Hardship Exemption by the City council, the completed development
application shall be returned to the applicant.
SECTION 2. This Ordinance, as an amendment to ordinance
Number 1481 (CCS), is declared to be an urgency measure adopted
pursuant to the provisions of section 9120.6 of the Santa Monica
Municipal Code and Section 615 of the Santa Monica City Charter.
It is necessary for preserving the public peace, health and
safety, and the urgency for its adoption is set forth in the
findings to Ordinance Number 1481 (CCS).
SECTION 3. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the pro~isions of this Ordinance.
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SECTION 4.
If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective upon adoption.
APPROVED AS TO FORM:
~ Vv\..,
ROBERT M. MYERS
City Attorney
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MAY 3 0 1989
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CITY OF SANTA MONICA
INTER-DEPARTMENT MEMORANDUM
DATE:
May 26, 1989
TO:
Mayor and Councilmembers
FROM:
City Clerk
SUBJECT:
Item Numbering Change
Please note that staff report Item II-A (Transient Occupancy Tax)
on the May 30th agenda should be II-B.
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